Explore all avenues to resolve your vehicle issues amicably
If you have a problem, going to a lawyer should be a last resort
BUYING a car sounds simple enough, right?
Wrong, as I recently found out, thanks to a reader who told me about a problem he had with a two-year-old BMW.
The reader changed the dealership that serviced his car and was told by the new dealer that his car had been in an accident, with damage to both paint- and bodywork.
This, he claimed, was news to him because he had never been involved in an accident. Also, if the vehicle had been in an accident, he would have had it repaired at an approved BMW panel beater because he had insurance on his vehicle.
When he queried this with the new dealer, he said, it refused to accept his explanation and wanted to revoke his motor plan.
This raises a number of interesting issues.
When buying a new car, would any of us think there might be the slightest reason to check the bodywork to look for paint defects? How did the first dealership, from which he bought the car, miss this paint defect that the other dealership picked up? Was this a deliberate omission or a genuine case of someone missing the defective paint job?
The problem here is that the car is two years old and the reader still had the motor plan and the service history was up to date.
So what recourse does he have?
The second dealership has refused to accept any responsibility for the defective paintwork and has threatened to cancel his motor plan.
Do you ask a new-car salesman whether the vehicle you are about to buy has ever been in an accident — and risk being looked at like you were from Uranus? Or do you, like everyone, purchase a new vehicle and accept that all is in order?
Under the Consumer Protection Act, any defects or accidents must be declared by the selling dealer to the purchaser, irrespective of whether it is a used car or new.
On following up with our reader, the dealer had now agreed to do the necessary paint repairs under the motor plan, but was refusing to acknowledge bodywork problems.
The client was upset about the accusations levelled at him and tried to complain to the call centre, but was stonewalled there. Then he decided to reach out to me.
I called Guy Kilfoil, head of communications at BMW South Africa.
He was disturbed to learn that a BMW client could not get past the call centre. He explained that he could not — understandably — handle all customer inquiries, but undertook to get one of his representatives to contact the reader and get to the bottom of the problem.
I have no doubt that this problem will be resolved, but I have a few reservations about the way the reader went about getting BMW to respond:
He did not push the dealership to give him anything in writing;
He did not try hard enough to contact someone at BMW South Africa;
He did not follow up on his complaint after receiving no joy at the call centre; and
He did not get the factory representative to give him anything in writing after checking the paintwork.
These are reasons enough to try to resolve the problem amicably.
BMW will not tolerate any abuse of its clients by any of its staff and as such are treating this incident seriously.
It is simply a case of the reader going through some of the channels not knowing exactly what to do. This lack of understanding of consumer rights and protection has contributed to the motor industry earning a terrible reputation.
When dealing with situations like this, ensure that you have exhausted all possibilities of an amicable settlement before consulting lawyers.
The motor industry has an organisation that also mediates when an impasse is reached, not that such was the case here.
The Retail Motor Industry Organisation can, and has, resolved problems merely by mediation, practically for free.
If you believe the organisation has not provided satisfaction, you can also talk to the motor industry ombudsman, who will look at your complaint and provide a verdict.
The dealership will accept the ombud’s findings and proceed accordingly.
But please, and I cannot stress this enough, do not leave any stone unturned in trying to resolve your problem.
Just ensure you exhaust all possible avenues before resorting to lawyers.
You may just find that your problem can be resolved without costing you an arm or a leg — or your vehicle.